Bill Text: TX HB2412 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to civil actions by a civilly committed individual.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-11 - Laid on the table subject to call [HB2412 Detail]

Download: Texas-2023-HB2412-Comm_Sub.html

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88R19331 SCL-F
By: King of Hemphill H.B. No. 2412
Substitute the following for H.B. No. 2412:
By: Johnson of Dallas C.S.H.B. No. 2412

A BILL TO BE ENTITLED
AN ACT
relating to civil actions by a civilly committed individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 14A to read as follows:
CHAPTER 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 14A.001. DEFINITIONS. In this chapter:
(1) "Civilly committed individual" means a sexually
violent predator as defined by Section 841.003, Health and Safety
Code, who has been committed to a facility operated by or under
contract with the Texas Civil Commitment Office.
(2) "Claim" means a cause of action governed by this
chapter.
(3) "Office" means the Texas Civil Commitment Office.
(4) "Trust account" means a civilly committed
individual's trust account administered by the office or by a
facility under contract with the office.
(5) "Unsworn declaration" means a document executed in
accordance with Chapter 132.
Sec. 14A.002. SCOPE OF CHAPTER. (a) This chapter applies
only to an action, including an appeal or original proceeding,
brought by a civilly committed individual in a district, county, or
justice court or an appellate court, including the supreme court or
the court of criminal appeals, in which an affidavit or unsworn
declaration of inability to pay costs is filed by the civilly
committed individual.
(b) This chapter does not apply to an action brought under
the Family Code.
SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
Sec. 14A.051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
CLAIM. (a) A court may dismiss a claim, either before or after
service of process, if the court finds that:
(1) the allegation of poverty in the affidavit or
unsworn declaration is false;
(2) the claim is frivolous or malicious; or
(3) the civilly committed individual filed an
affidavit or unsworn declaration required by this chapter that the
individual knew was false.
(b) In determining whether a claim is frivolous or
malicious, the court may consider whether:
(1) the claim's realistic chance of ultimate success
is slight;
(2) the claim has no arguable basis in law or in fact;
(3) it is clear that the civilly committed individual
cannot prove the facts in support of the claim; or
(4) the claim is substantially similar to a previous
claim filed by the civilly committed individual because the claim
arises from the same operative facts.
(c) In determining whether Subsection (a) applies, the
court may hold a hearing. The hearing may be held before or after
service of process, and it may be held on motion of the court, a
party, or the court clerk.
(d) On the filing of a motion under Subsection (c), the
court shall suspend discovery relating to the claim pending the
hearing.
(e) A court that dismisses a claim brought by a civilly
committed individual housed in a facility operated by or under
contract with the office may notify the office of the dismissal and,
on the court's own motion or the motion of any party or the court
clerk, may advise the office that a mental health evaluation of the
individual may be appropriate.
Sec. 14A.052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
A civilly committed individual who files an affidavit or unsworn
declaration of inability to pay costs shall file a separate
affidavit or declaration:
(1) identifying the court that ordered the
individual's civil commitment under Chapter 841, Health and Safety
Code;
(2) indicating whether any cause of action or
allegation contained in the petition has previously been filed in
any other court, and if so, stating the cause of action or
allegation previously filed and complying with Subdivision (6) and
Subsection (b);
(3) identifying each action, other than an action
under the Family Code, previously brought by the individual in
which the individual was not represented by an attorney, without
regard to whether the individual was civilly committed at the time
the action was brought;
(4) certifying that all grievance processes
applicable to the matter that is the basis of the claim, if any,
have been exhausted;
(5) certifying that no court has found the individual
to be a vexatious litigant under Chapter 11; and
(6) describing each action that was previously brought
by:
(A) stating the operative facts for which relief
was sought;
(B) listing the case name, the cause number, and
the court in which the action was brought;
(C) identifying each party named in the action;
and
(D) stating the result of the action, including
whether the action or a claim that was a basis for the action was
dismissed as frivolous or malicious under Section 13.001, 14.003,
or 14A.051 or otherwise.
(b) If the affidavit or unsworn declaration filed under this
section states that a previous action or claim was dismissed as
frivolous or malicious, the affidavit or unsworn declaration must
state the date of the final order affirming the dismissal.
(c) The affidavit or unsworn declaration must be
accompanied by the certified copy of the trust account statement
required by Section 14A.054(f).
Sec. 14A.053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
files a claim that is subject to a grievance system established by
the office or a facility under contract with the office shall file
with the court:
(1) an affidavit or unsworn declaration stating the
date that the grievance was filed and the date the written decision
was received by the individual; and
(2) a copy of the written decision from the grievance
system.
(b) A court shall dismiss a claim if the civilly committed
individual fails to file the claim before the 31st day after the
date the individual receives the written decision from the
grievance system.
(c) If a claim is filed before the grievance system
procedure is complete, the court shall stay the proceeding with
respect to the claim for a period not to exceed 180 days to permit
completion of the grievance system procedure.
Sec. 14A.054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
court may order a civilly committed individual who has filed a claim
to pay court fees, court costs, and other costs in accordance with
this section and Section 14A.055. The court clerk shall mail a copy
of the court's order and a certified bill of costs to the office or
facility under contract with the office, as appropriate.
(b) On the court's order, the civilly committed individual
shall pay an amount equal to the lesser of:
(1) 20 percent of the preceding six months' deposits to
the individual's trust account; or
(2) the total amount of court fees, court costs, and
other costs.
(c) In each month following the month in which payment is
made under Subsection (b), the civilly committed individual shall
pay an amount equal to the lesser of:
(1) 10 percent of that month's deposits to the trust
account; or
(2) the total amount of court fees, court costs, and
other costs that remains unpaid.
(d) Payments under Subsection (c) shall continue until the
total amount of court fees, court costs, and other costs are paid or
until the civilly committed individual is released from
confinement.
(e) On receipt of a copy of an order issued under Subsection
(a), the office or facility under contract with the office shall
withdraw money from the trust account in accordance with
Subsections (b), (c), and (d). The office or facility shall hold the
money in a separate account and shall forward the money to the court
clerk on the earlier of the following dates:
(1) the date the total amount to be forwarded equals
the total amount of court fees, court costs, and other costs that
remains unpaid; or
(2) the date the civilly committed individual is
released.
(f) The civilly committed individual shall file a certified
copy of the individual's trust account statement with the court.
The statement must reflect the balance of the account at the time
the claim is filed and activity in the account during the six months
preceding the date on which the claim is filed. The court may
request the office to furnish the information required under this
subsection.
(g) A civilly committed individual may authorize payment in
addition to that required by this section.
(h) The court may dismiss a claim if the civilly committed
individual fails to pay fees and costs assessed under this section.
(i) A civilly committed individual may not avoid the fees
and costs assessed under this section by nonsuiting a party or by
voluntarily dismissing the action.
Sec. 14A.055. OTHER COSTS. (a) An order under Section
14A.054(a) must include the costs described by Subsection (b) if
the court finds that:
(1) the civilly committed individual has previously
filed an action to which this chapter or Chapter 14 applies; and
(2) a final order has been issued that affirms that the
action was dismissed as frivolous or malicious under Section
13.001, 14.003, or 14A.051 or otherwise.
(b) If Subsection (a) applies, costs of court must include
expenses incurred by the court or by the office or facility under
contract with the office, in connection with the claim and not
otherwise charged to the civilly committed individual under Section
14A.054, including:
(1) expenses of service of process;
(2) postage; and
(3) transportation, housing, or medical care incurred
in connection with the appearance of the individual in the court for
any proceeding.
Sec. 14A.056. HEARING. (a) The court may hold a hearing
under this chapter at a facility operated by or under contract with
the office or may conduct the hearing with video communications
technology that permits the court to see and hear the civilly
committed individual and that permits the individual to see and
hear the court and any other witness.
(b) A hearing conducted under this section by video
communications technology shall be recorded on videotape or by
other electronic means. The recording is sufficient to serve as a
permanent record of the hearing.
Sec. 14A.057. SUBMISSION OF EVIDENCE. (a) The court may
request a person with an admissible document or admissible
testimony relevant to the subject matter of the hearing to submit a
copy of the document or written statement stating the substance of
the testimony.
(b) A written statement submitted under this section must be
made under oath or made as an unsworn declaration under Section
132.001.
(c) A copy of a document submitted under this section must
be accompanied by a certification executed under oath by an
appropriate custodian of the record stating that the copy is
correct and any other matter relating to the admissibility of the
document that the court requires.
(d) A person submitting a written statement or document
under this section is not required to appear at the hearing.
(e) The court shall require that the civilly committed
individual be provided with a copy of each written statement or
document not later than the 14th day before the date on which the
hearing is to begin.
Sec. 14A.058. DISMISSAL OF CLAIM. (a) The court may enter
an order dismissing the entire claim or a portion of the claim under
this chapter.
(b) If a portion of the claim is dismissed, the court shall
designate the issues and defendants on which the claim may proceed,
subject to Sections 14A.054 and 14A.055.
(c) An order under this section is not subject to
interlocutory appeal by the civilly committed individual.
Sec. 14A.059. EFFECT ON OTHER CLAIMS. (a) Except as
provided by Subsection (b), on receipt of an order assessing fees
and costs under Section 14A.054 that indicates that the court made
the finding described by Section 14A.055(a), a court clerk may not
accept for filing another claim by the civilly committed individual
until the fees and costs assessed under Section 14A.054 are paid.
(b) A court may allow a civilly committed individual who has
not paid the fees and costs assessed against the individual to file
a claim for injunctive relief seeking to enjoin an act or failure to
act that creates a substantial threat of irreparable injury or
serious physical harm to the individual.
Sec. 14A.060. QUESTIONNAIRE. To implement this chapter, a
court may develop, for use in that court, a questionnaire to be
filed by the civilly committed individual.
Sec. 14A.061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
(a) The supreme court shall, by rule, adopt a system under which a
court may refer a suit governed by this chapter to a magistrate for
review and recommendation.
(b) The system adopted under Subsection (a) may be funded
from money appropriated to the supreme court or from money received
by the supreme court through interagency contract or contracts.
(c) For the purposes of Section 14A.062, the adoption of a
system by rule under Subsection (a) does not constitute a
modification or repeal of a provision of this chapter.
Sec. 14A.062. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
Notwithstanding Section 22.004, Government Code, this chapter may
not be modified or repealed by a rule adopted by the supreme court.
SECTION 2. Chapter 14A, Civil Practice and Remedies Code,
as added by this Act, applies only to an action filed on or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.